India’s Tokenisation Challenge: From Grey Zones to Clarity

Can blockchain-based representations of real-world assets be regulated under India’s existing securities law? This article analyses the scope of Section 2(h) of the Securities Contracts (Regulation) Act, 1956, arguing that tokenized assets should be classified according to their economic substance rather than their technological form. It further examines the jurisdictional and enforcement constraints confronting SEBI and proposes a principled regulatory framework for tokenized securities in India. Continue reading India’s Tokenisation Challenge: From Grey Zones to Clarity

The RMLNLU Law Review BlogJuly 25, 2026July 25, 2026Leave a comment

Securities

Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

In this article, the authors delve into the challenges surrounding SEBI’s Minimum Public Shareholding (MPS) norm and propose comprehensive solutions. The MPS norm requires listed companies to maintain a minimum 25% shareholding in the hands of the public. However, the regime has faced issues such as ambiguity in defining “promoters” and “promoter groups,” allowing for manipulation. The authors suggest adopting a “Controlling Shareholder” concept and introducing more market-friendly approaches. Additionally, the article addresses the uniform approach for all companies and the lack of an effective enforcement mechanism, urging SEBI to review and revamp the framework to ensure transparency and ease of compliance. Continue reading Beyond the Status Quo: Rethinking SEBI’S MPS Norm vis-à-vis Fostering Ease of Doing Business in India

The RMLNLU Law Review BlogJuly 4, 2023July 16, 2023Leave a comment